After Shamnad’s recent post on the RGV Nishabd case pertaining to copyright in film titles, it is but logical that I tell you the “Sholay” story. But before I begin, let me clarify at the outset that one of the most settled principles of Indian copyright jurisprudence is that there is “no copyright in film titles”. Yet our misinformed press labours on, doggedly exposing their ignorance to their hapless readers. Go ahead, I encourage you to read the story in […]

Disney Enterprises, Inc. & Anr. v. Jitendra Aggarwal & Ors.;C. S. (OS) No. 175 of 2006 before the High Court of Delhi A rather unique order was passed on 13th July, 2007 by the High Court of Delhi in a case of counterfeiting of Walt Disney characters by a party who was reproducing them on labels which were then being affixed on baskets and sold in the market. At the first instance it may be pointed out that Disney Inc.

If the caption does not a ring a bell it is probably because most popular newspapers have not been covering this matter. There are of course a number of reports on the facts of the case on the internet (See for example, here, here and here) but I haven’t so far come across any analysis of the law relevant to the case. This is probably because the judgment itself is very hard to get a hold of. Thanks to my